Burleson County Small Claims Court, Texas

Burleson County Court Clerk

We recommend contacting the Burleson County court clerk before proceeding down to the courthouse to file your action. The clerk is knowledgeable at all of the procedures and will be able to inform you of any specific local procedures for Burleson County. We recommend calling the clerk’s office to ensure the courthouse is open. Also, while the clerk can answer questions about procedures, the clerk cannot give legal advice.

Who is the judge in a Small Claims Court case?

A Justice of the Peace for Burleson County hears small claims court cases for Burleson County. Burleson County Small Claims Court cases are heard in 4 courthouses in Burleson County.

Burleson County Small Claims Court

Do I need A Lawyer?

In Texas, small claims parties generally represent themselves without an attorney. This is largely because the amount at issue in the case is not large enough to justify the hiring of an attorney. However, you are allowed to retain one if you choose.

Small Claims Court Jurisdiction

The plaintiff’s demand for money cannot exceed $10,000. (Texas Government Code 28.093). Small claims parties can only recover money. You are unable to seek injunctive or equitable relief. For example, you could sue a dry cleaner for ruining your clothes and ask for money to replace the clothes, but you cannot ask the judge for an order for the dry cleaner to repair your clothes. You could only ask the court for an award of money.

What is the trial like?

The trial is relatively informal compared to a normal trial. In fact, the judge in small claims court is charged with developing facts of the case and may question or summon witnesses. Additionally, the judge is allowed to ask questions of the parties and witnesses, and generally takes a more proactive role in determining the facts of a case. A small claims court trial is much quicker, often lasting between 15-20 minutes. If a jury trial is required, the trial could last a few hours.

Can I file my small claims case in Burleson County?

The action is generally filed in the County and Precinct where the defendants reside (where they live) or where location where the Defendants contracted themselves to perform. (Texas Government Code Section 28.011).

Small Claims Court Case Types

Small claims courts handle a wide variety of cases. Cases include damages from an automobile accident, a security deposit from a landlord, or breach of a contract. Under Texas law, collections cases and claim assignments cannot be heard in small claims court.

One comment

I need to know which web site I should use to get the correct paperwork to file for a small clains for someone that lives in Burlington, TX 76519. Also need to find out the fees to have someone serve the papers.